Human Resources Management Delegation of Authority Directive

1.0 Effective date

April 1, 2012

2.0 Original date

March 18, 2011

3.0 Last revised date

March 18, 2011

4.0 Policy statement

Appropriate delegations of authority set clear lines of accountability that ensure the effective management and administration of human resources in the Ontario Public Service (OPS), as provided for in the Public Service of Ontario Act, 2006 (PSOA).

5.0 Introduction

The PSOA consolidates the human resource (HR) powers, duties and functions with the Public Service Commission (PSC).^{footnote 1[1]} The PSC can delegate those powers, duties and functions to deputy ministers ^{footnote 2[2]} Commission public body chairs and prescribed individuals.^{footnote 3[3]}

This directive, the Accountability Directive^{footnote 4[4]}, and the Delegation of Authority Key Directive^{footnote 5[5]} build a strong foundation for setting out clear lines of accountability related to HR management in the OPS.

6.0 Purpose

This directive establishes the levels of authority, responsibility and accountability for HR management decision-making and actions.

7.0 Application and scope

7.1. This directive applies to:

• public servants appointed to work in ministries or Commission public bodies in accordance with PSOA section 32.
• persons who have delegated HR authorities.

7.2. Provisions in this directive apply to all other HR directives and policies issued by the Public Service Commission.

7.3. For purposes of this directive:

• Authority is the legitimate power to make HR management decisions or take specific action. Authority can be delegated.
• Responsibility is the obligation to assume a role or take specific action(s). Responsibility can be delegated or conferred by mutual agreement, depending on the relationship.
• Accountability is the obligation to answer for results and the manner in which responsibilities are discharged. Accountability cannot be delegated.

7.4. "Delegated authorities" refers to PSOA powers, duties and functions included in this directive and "assigned tasks" refers to responsibilities that are not related to a statutory delegation.

7.5. Where the Public Service Commission exercises any of the powers, duties or functions that it has delegated to deputy ministers under section 44(1) of the Public Service of Ontario Act, 2006, then the Public Service Commission shall be bound by the same provisions that apply to deputy ministers in this directive.

8.0 Principles

8.1. Delegated powers, duties and functions are performed in accordance with OPS organizational values^{footnote 6[6]} of:

• trust
• fairness
• diversity
• excellence
• creativity
• collaboration
• efficiency
• responsiveness

and elements of modern controllership^{footnote 7[7]}:

• ethical conduct
• conscious managing of risks
• clear lines of accountability
• stewardship of resources
• reporting and evaluation of results against stated objectives.

8.2. Delegation instruments are current and aligned with the Accountability Directive and organizational structures.

8.3. Delegated authority is a privilege that can be withdrawn. Authority to make decisions affecting human resources is restricted to persons exercising managerial functions.

8.4. Deputy ministers have the necessary authorities to deliver on the commitments for which they are accountable.

8.5. Commission public bodies have the authorities necessary to fulfill their mandates. Delegated authorities are tailored to the unique requirements of each Commission public body.

8.6. Individuals delegating are accountable for monitoring the effectiveness of the delegation and taking appropriate action to correct or improve practices.

8.7. Appropriate assistance is available to support compliance of delegated obligations.

9.0 Mandatory requirements

9.1. The PSC must ensure that deputy ministers and Commission public bodies are provided with the necessary HR management authorities to manage their operations effectively and efficiently.

9.2. Every ministry must have a documented, deputy minister-approved instrument that delegates HR management authorities.

9.3. Every Commission public body must have a documented instrument that delegates HR management authorities.

9.4. Where a prescribed PSC delegate or chair requests assistance in the development of a delegation framework for a Commission public body, the deputy minister shall ensure such support is provided.

9.5. Where the PSC chooses to delegate any of its powers, duties or functions in respect of a Commission public body, the delegations can only be assigned to a deputy minister.

or

a prescribed individual and a deputy minister

or

the chair of the Commission public body and a deputy minister.

9.6. The following powers cannot be delegated to any persons outside a deputy minister’s ministry (PSOA s. 44[3]):

• dismissal of a public servant
• declaration in writing that a public servant has abandoned the position and that his or her employment by the Crown is terminated.

9.7. With respect to a Commission public body, where the PSC delegates any of its powers, duties or functions under PSOA, including those in 8.6 to a deputy minister, the deputy minister can only sub-delegate the powers, duties or functions to a public servant employed in the same deputy minister’s ministry (PSOA section 44[6]).

9.8. Sub-delegations by a deputy minister, prescribed PSC delegate or chair must:

• be in writing and, where appropriate, must be in the prescribed form as noted in Appendix C – Delegation of Authority Templates
• revoke delegation instruments being replaced
• be signed and dated by the deputy minister for a ministry or the prescribed PSC delegate or chair and the deputy minister for a Commission public body
• reflect conditions or restrictions set out in the PSC:
  • Delegation of Powers, Duties and Functions to Deputy Ministers in Respect of Public Servants Appointed to Work in Ministries.^{footnote 8[8]}
  • Delegation of Powers, Duties and Functions to Prescribed Individuals and Chairs and Deputy Ministers in Respect of Public Servants Appointed to Work in Commission Public Bodies.^{footnote 9[9]}

9.9. Sub-delegation of a PSOA power, duty or function to a public servant in another ministry or a non-public servant requires prior PSC approval (PSOA section 44[3]).

9.10. Unless acting in a non-bargaining unit position to which a delegation or sub-delegation has been made, HR management powers, duties or functions in PSOA, regulation under PSOA, or applicable Management Board of Cabinet or PSC HR directives should not be delegated to individuals in positions that belong to:

• units established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993
• employee associations with whom the Crown negotiates.

10.0 Responsibilities

The responsibilities in this directive apply to all other directives and policies made under the PSOA.

Lines of accountability related to responsibilities under this directive:

Employees

10.1. Perform assigned responsibilities.

Managers

10.2. Manage human resources within the framework of delegated authorities.

10.3. Carry out delegated authorities and assigned tasks in accordance with all directives and policies made under the PSOA.

Human Resources Heads (Director, Ministry Strategic Business Unit)

10.4. Oversee the ministry HR delegation of authority structure.

10.5. Review delegation instruments on a regular periodic basis to ensure currency.

Deputy ministers, chairs/prescribed PSC delegates of Commission public bodies (CPB)

10.6. Exercise powers, duties and functions conferred by PSOA or delegated by the PSC in respect of public servants appointed to the ministry and/or CPB, where identified.

10.7. Establish delegation of authority framework for the organization through approval in writing and ensure it complies with PSOA and PSC delegations^{footnote 10[10]}.

10.8. Sub-delegate powers, duties and functions and assign tasks in compliance with PSOA and the regulations, directives and policies made under it.

10.9. Make recommendations to the PSC regarding the effective administration of delegated powers, duties and functions in ministries and Commission public bodies.

10.10. Ensure tools and supports are available to assist managers in understanding and appreciating delegated HR management powers, duties and functions.

10.11. Ensure employees with delegated authority are able to effectively apply all HR directives and policies.

Deputy Ministers only

10.12. Support PSC delegates or chairs, as required, in the development of delegation of authority framework for the CPB.

Public Service Commission

10.13. Exercise powers, duties and functions conferred by PSOA.

10.14. Comply with the same provisions that apply to deputy ministers in this policy if exercising any of the powers, duties or functions that it has delegated to deputy ministers under section 44 (1) of the Public Service of Ontario Act, 2006.

10.15. Ensure that deputy ministers and Commission public bodies are provided with the necessary HR management authorities to manage their operations effectively and efficiently.

10.16. Delegate specific powers, duties and functions (with conditions or restrictions, when appropriate) to deputy ministers in respect of ministries and, when appropriate, Commission public bodies, and prescribed PSC delegates or chairs (as necessary) in respect of Commission public bodies.

10.17. Withdraw delegated authority when warranted.

10.18. Review delegation instruments.

Appendix A – Directive revisions

Appendix B - Terms and definitions

Authority

Legitimate power to make decisions or take action. Authority can be delegated.

Responsibility

Obligation to assume a role or take specific action. Responsibility can be delegated or conferred by mutual agreement depending on the relationship.

Accountability

Obligation to answer for results and the manner on which responsibilities are discharged. Accountability cannot be delegated.

Accountability Framework

Framework identified in the Accountability Directive consisting of:
 

• Defining expectations and managing consistent action
• Reporting on and monitoring performance
• Taking actions based on results

Appendix C – Delegation of Authority templates

Download sub-delegation templates from the OPS forms repository

Instructions for template use:

Each subdelegation instrument must include, as Appendix A to the document, a signed copy of either:

• Public Service Commission Delegation of Powers, Duties and Functions to Deputy Ministers in Respect of Public Servants Appointed to Work in Ministries
• Public Service Commission Delegation of Powers, Duties and Functions to Prescribed Individuals and Chairs and Deputy Ministers in Respect of Public Servants Appointed to Work in Commission Public Bodies